Indiana Register - September 1, 2002

Disclaimer: These documents were created from the files used to produce the official (printed) Indiana Register, however, these documents are unofficial.September 1, 2002, Volume 26, Number 12, Front Cover (PDF)

Title 865 State Board of Registration for Land Surveyors -- #01-426 (PDF)

Amends 865 IAC 1-11-1 to revise the fees charged and collected by the board. Amends 865 IAC 1-13-5 to allow licensees to submit continuing education course material for credit within six months after taking the course.

Adds 905 IAC 1-52 to implement new provisions of IC 7.1-3-1-28, which went into effect July 1, 2001. Identifies requirements for type, size, and form of and location of posting notice signs, availability and cost of said signs, and the period of time and location of posting said signs and proof of posting which must be provided to the commission.

Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-238 (PDF)

The rule will amend 11 IAC 1 by defining "existing debt or contract". Public comments are invited and may be directed to the Office of the Attorney General, Attention Brent Embrey, Indiana Government Center-South, 402 West Washington Street, Fifth Floor, Indianapolis, Indiana 46204 or by electronic mail to bembrey@atg.state.in.us. Statutory authority: IC 4-6-9-8; IC 24-4.7-3-7.

The department of local government finance (department) intends to: (1) amend 50 IAC 2.3, the rule concerning the 2002 Real Property Assessment Manual (Manual), to provide county assessors more flexibility in methodology selection; (2) in accordance with House Enrolled Act 1001 ss and in light of the repeal of the shelter allowance, make certain changes to the Manual and to Exhibit 1 to the 2002 Real Property Assessment Manual, the Real Property Assessment Guidelines for 2002 Version A (Guidelines), which was incorporated by reference in 50 IAC 2.3.

Adds provisions regarding the regulation and/or prohibition of alcohol, weapons, and nonexhibited pets at the Indiana State Fair. Comments may be sent to the Indiana State Fair Commission, ATTENTION: Sunni Kolumbus, 1220 East 38th Street, Indianapolis, Indiana 46205-2869 or by electronic mail to skolumbus@IndianaStateFair.com. Statutory authority: IC 15-1.5-2-8.

Amends 105 IAC 9-2-1 to adopt the Millennium Edition of the Manual on Uniform Traffic Control Devices and the Indiana Supplement to the Millennium Edition on Uniform Traffic Control Devices. The language concerning the adoption of the previous 1988 Edition of the Indiana Manual on Uniform Traffic Control Devices will be deleted. Questions or comments pertaining to the proposed rule may be directed to: Indiana Department of Transportation, ATTENTION: William P. Huff, 100 North Senate Avenue, Room 730, Indianapolis, Indiana 46204. Statutory authority: IC 8-23-2-6(9).

Amends 312 IAC 9-10-4 that governs game breeder licenses by requiring documentation when transporting white-tailed deer, requiring compliance with Indiana state board of animal health laws, and restricting the release of white-tailed deer. The proposed amendments would make permanent an emergency rule that is currently applicable. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-156 or e-mail. Statutory authority: IC 14-10-2-4; IC 14-24-3.

Amends 312 IAC 2-4 that governs organized activities and tournaments on public waters. A definition for "major organized boating activity" is added, and the regulation of a major organized boating activity is placed under 312 IAC 5-3. Identifies the division of law enforcement as the administering division for 312 IAC 2-4. Additional factors are included for the division to consider in evaluating a license for fishing tournaments, and additional duties are defined for license holders. Section addressing bonds and user fees is repealed. The department's fall consideration of tournament applications is limited to the next season rather than the next two seasons. Lake Wawasee and Syracuse Lake in Kosciusko County are added to the public waters for which the sponsor of a fishing tournament must obtain a license, and specific numerical limitations are established for tournament activities on these lakes. Amendments are made to 312 IAC 5-3 to provide consistent administration with 312 IAC 2-4. Makes other substantive and technical changes. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-15-7-3.

Title 405 Office of the Secretary of Family and Social Services -- #02-234 (PDF)

Amends 405 IAC 2-3 to specify that the Medicaid personal needs allowance is the amount set by Indiana statute. Provides for a personal needs allowance supplement to the extent required by Indiana statute. Statutory authority: IC 12-8-6-5; IC 12-15-1-10.

Amends 440 IAC 4-3 to delete exemptions from mandatory services for community mental health centers. Amends 440 IAC 4.1-2-1, 440 IAC 4.1-2-4, 440 IAC 4.1-2-5, and 440 IAC 4.1-2-9 to require an applicant to be assigned an exclusive geographic primary service area before it is certified as a community mental health center, and makes the maintenance of financial viability a requirement of certification. Adds 440 IAC 4.1-3 to establish exclusive geographic primary service areas for community mental health centers, including criteria and procedures to justify a change of an assignment of a community mental health center to a primary service area. Statutory authority: IC 12-21-2-3; IC 12-29-2-1.

Amends 840 IAC 1-1-4 concerning qualifications for licensure. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana state board of health facility administrators, ATTENTION: Director, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by e-mail to tthompson@hpb.state.in.us. Statutory authority: IC 25-19-1-4.

Amends 848 IAC 1-1-14 concerning fees related to licensure to practice nursing, fees for filing a multistate licensure privilege form, and fees for updating a multistate licensure privilege form. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana state board of nursing, ATTENTION: Director, Indiana Government Center-South, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by e-mail to krkelley@hpb.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-23-1-7; IC 25-23.2-3-5.

Establish that referral status does not qualify as accrued continuous active experience as a licensed salesperson as required to obtain a broker license under IC 25-34.1-3-4.1(a)(2). Allow an approved distance learning education course to be conducted in a facility, which is also used as a broker or salesperson office. Allow instruction for an approved distance learning education course to be more than eight hours of instruction in one day. Require that licensees shall provide to the commission their current business and residential address. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, Indiana Government Center-South, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700. Statutory authority: IC 25-34.1-2-5; IC 28-34.1-3-6; IC 25-34.1-9-21.

This rule makes changes regarding licensure of appraisers. Remove the continuing education requirement in 876 IAC 3-5-1 that each licensee or certificate holder retain evidence of a Uniform Standards of Professional Appraisal Practice course until 24 months after the end of the last renewal period for which it may be applied. Amends 876 IAC 3-5-1.5 and 876 IAC 3-5-7 to require that the seven hours of required continuing education in USPAP meet the appraiser qualification board requirements for content and instructor qualifications. Require that an appraisal review of an Indiana licensed residential, certified residential, or certified general appraiser, or any other licensed appraiser comply with the Uniform Standards of Professional Appraisal Practice instead of complying with Statement on Appraisal Standards No. 1 of USPAP. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, Indiana Government Center-South, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-3-8.

Amends 135 IAC 2 to update the rules for the Indiana East-West Toll Road. Subject to the receipt of comments from the public, the authority does not intend to amend the current rules substantially, but the authority does intend to amend certain of the terms and phrases and other provisions of the current rules to reflect current law, usage, and circumstance. The authority does not intend to amend any rule to increase or decrease the tolls now in effect for use of the toll road. Repeals 135 IAC 2-7-19.

Amends 312 IAC 16 that governs the drilling, production, and reclamation of wells for oil and gas purposes to address several subjects. Modifications would be made to definitions, bonding, enforcement, standards for determining operator compliance history, evidencing patterns of violations, identifying responsible officers, permitting, and other matters concerning fee exemption, calculation, and collection. Included would be amendments to help implement statutory authorities embodied in House Enrolled Act 1227 of the 112th Indiana General Assembly.

Amends 312 IAC 5-6-6 that provides restricted watercraft zones on Lake Wawasee to replace 10 miles per hour speed limits with expanded idle speed zones and watercraft prohibition zones on Lake Wawasee and Syracuse Lake for the protection of ecological resources. (The proposed rule changes are substantively the same as those considered in LSA Document #01-293.

Amends 345 IAC 9-2.1-1 to incorporate by reference federal regulations in effect on January 1, 2002 concerning slaughter of livestock and processing of meat and meat products. Amends 345 IAC 10-2.1-1 to incorporate by reference federal regulations in effect on January 1, 2002, concerning the slaughter of poultry and the processing of poultry and poultry products.

Amends 511 IAC 6.1-5.1-5 to remove from the approved list of high school mathematics courses those courses that are remedial in nature or duplicate other courses. Adds a remedial mathematics course that will not count toward the high school graduation requirement in mathematics. Consolidates certain courses to more accurately reflect the manner in which the courses should be offered. Changes the names of courses to reflect the academic standards on which the courses are based.

Amends 876 IAC 3-2-4 to revise the procedures to reactivate an inactive license. Amends 876 IAC 3-2-5 to revise the fees charged to reinstate an expired license. Amends 876 IAC 3-2-7 to revise the fee schedule for the real estate appraiser licensure and certification program and to add an issuance and renewal fee for prelicensure real estate appraiser schools and courses under 876 IAC 3-4 and real estate appraiser continuing education course providers under 876 IAC 3-5. Amends 876 IAC 3-3-22 to allow an Indiana licensed trainee appraiser who has not associated with a licensed or certified appraiser to hold an inactive license either upon initial issuance of the license or upon the ending of a previous association with a licensed or certified appraiser and to establish a time period during which an Indiana licensed trainee appraiser license may be held in an inactive status before it becomes void. Amends 876 IAC 3-6-9 to revise the requirements for the use and supervision of Indiana licensed trainee appraisers by licensed or certified appraisers.

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules concerning the hazardous waste management permit program and related hazardous waste management and has scheduled a public hearing/meeting before the solid waste management board (board) for consideration of preliminary adoption of these rules.